279A.005 Short title
ORS chapters 279A, 279B and 279C may be cited as the Public Contracting Code.
Oregon Revised Statutes
Chapter 279A — Public Contracting - General Provisions
53 sections279A.010 Definitions for Public Contracting Code
As used in the Public Contracting Code, unless the context or a specifically applicable definition requires otherwise: “Bidder” means a person that submits a bid in response to an invitation to bid. “Contracting agency” means a public body authorized by law to conduct a procurement. “Contracting agency” includes, but is not limited to, the Director of the …
279A.015 Policy
It is the policy of the State of Oregon, in enacting the Public Contracting Code, that a sound and responsive public contracting system should: Simplify, clarify and modernize procurement practices so that they reflect the marketplace and industry standards. Instill public confidence through ethical and fair dealing, honesty and good faith on the part of g…
279A.020 Organization of Public Contracting Code
Except as otherwise provided in the Public Contracting Code, all public contracting by a contracting agency is subject to this chapter. Except as provided in ORS 279C.320, public contracting involving public improvements and other construction services is subject to this chapter and ORS chapter 279C, but not ORS chapter 279B. Public contracting involving a…
279A.025 Application of Public Contracting Code
Except as provided in subsections (2) to (4) of this section, the Public Contracting Code applies to all public contracting. The Public Contracting Code does not apply to: Contracts between a contracting agency and: Another contracting agency; The Oregon Health and Science University; A public university listed in ORS 352.002; The Oregon State Bar; A …
279A.030 Federal law prevails in case of conflict
Except as otherwise expressly provided in ORS 279C.800 to 279C.870, and notwithstanding ORS 279C.005 to 279C.670 and this chapter and ORS chapter 279B, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with any provision of ORS 279C.005 to 279C.670 or this chapter or ORS chapte…
279A.050 Procurement authority
Except as otherwise provided in the Public Contracting Code, a contracting agency shall exercise all of the contracting agency’s procurement authority in accordance with the provisions of the Public Contracting Code. If a contracting agency has authority under this section to carry out functions described in this section, or has authority to make procuremen…
279A.055 Personal services contracts
Except as provided in ORS 279A.140, a contracting agency may enter into personal services contracts. The provisions of this section do not relieve a contracting agency of the duty to comply with ORS 279A.140, any other law applicable to state agencies or applicable city or county charter provisions. A state contracting agency with procurement authority unde…
279A.060 Local contract review boards
If the governing body of a local contracting agency takes no action to provide otherwise, the governing body is the local contract review board of that local contracting agency. However, the governing body of a local contracting agency may, by charter, ordinance or other local legislation, authorize a body, board or commission other than the governing body t…
279A.065 Model rules generally; applicability to contracting agencies
The Attorney General shall prepare and maintain model rules that specify procedures for public contracting under the Public Contracting Code and that are appropriate for all contracting agencies to use. The Attorney General may devise and publish forms for use with the model rules. The Attorney General shall adopt the model rules in accordance with ORS chapt…
279A.070 Rules
In addition to rules adopted under ORS 279A.065 (6), a contracting agency may, in exercising authority granted under ORS 279A.050, adopt rules necessary to carry out the provisions of the Public Contracting Code, including but not limited to rules for procuring, managing, disposing of and controlling goods, services, personal services and public improvements…
279A.075 Delegation
Unless otherwise provided in the Public Contracting Code, a person or agency that has an authority under the code may delegate and subdelegate the exercise of the authority in whole or in part. Notwithstanding delegations of authority under this section, the code and rules adopted under the code govern a person’s or agency’s exercise of the delegated authori…
279A.100 Affirmative action; limited competition permitted
As used in this section: “Affirmative action” means a program designed to ensure equal opportunity in employment and business for persons otherwise disadvantaged by reason of race, color, religion, sex, national origin, age or physical or mental disability or a policy to give a preference in awarding public contracts to disabled veterans. “Disabled veteran…
279A.105 Subcontracting to emerging small businesses or veteran-owned businesses
A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials for use in performing the contract from, a business that is certified under ORS 200.055 as an emerging small business or as a veteran-owned business. A contracting agency may require a contractor to subcontract some part of a contract to, or to ob…
279A.107 Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business during term of public contract; exceptions
A contracting agency that under ORS 279A.105 awards a public contract to a responsible bidder, as defined in ORS 200.005, that has made good faith efforts, as described in ORS 200.045 (3), or that awards a public contract in the course of carrying out an affirmative action goal, policy or program under ORS 279A.100 shall: Provide as a material condition of …
279A.110 Discrimination in subcontracting prohibited; remedies
A bidder or proposer that competes for or is awarded a public contract may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business that is certified under ORS 200.055. A contra…
279A.112 Requirement to certify that contractor has policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of protected class; required elements of certification; exceptions
As used in this section: “Discrimination” means conduct that has the purpose or effect of creating employment conditions for an individual that are intimidating, hostile or offensive or that evince animosity, resentment, anger, prejudice or ill will in others primarily because of the individual’s identification with or membership in a protected class. “Pro…
279A.120 Preference for Oregon goods and services; nonresident bidders
As used in this section: “Nonresident bidder” means a bidder who is not a resident bidder. “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a “resident…
279A.125 Preference for recycled materials
Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation and subject to subsection (2) of this section, a contracting agency charged with the procurement of goods for any public use shall give preference to the procurement of goods manufactured from recyc…
279A.128 Preferences for goods and services supplied within this state; preferences for certain entities
As used in this section, “services” means services as defined in ORS 279A.010 (1)(kk) and personal services designated under ORS 279A.055. Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that uses public funds to procure go…
279A.130 Preference for exceeding Buy America requirements for transit projects; rules
Notwithstanding provisions of law that require a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation, a contracting agency that receives and uses funds from the federal government or an agency of the federal government for a transit project may give preference to a bidder or proposer that exceed…
279A.140 State procurement of goods and services; rules
The Oregon Department of Administrative Services shall conduct all procurements and administer the contracting for goods, services and personal services, including architectural, engineering, photogrammetric mapping, transportation planning or land surveying services and related services, for state agencies unless a state agency is specifically authorized by…
279A.142 Limitation of competition
A contracting agency may, by appropriate ordinance, resolution, rule or other appropriate legislative action, limit competition for a public contract to emerging small businesses certified under ORS 200.055 if the contract price is estimated at $250,000 or less and is funded by the Emerging Small Business Account established under ORS 200.180.
279A.145 Recycled product purchasing information
The Oregon Department of Administrative Services shall include recycled product purchasing information within publications and training programs provided to local governments requesting state government purchasing assistance.
279A.150 Procurement of goods containing recycled polyethylene material
The Oregon Department of Administrative Services shall provide guidelines to state agencies and contractors on the availability of necessary goods that contain recycled PETE, as well as other recycled plastic resin supplies and materials. The department shall identify suppliers able to provide necessary goods containing recycled PETE, as well as other recyc…
279A.152 Assessment of procurement practices related to recycled products and materials and recycled PETE
The Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall study and assess state procurement practices as they relate to recycled products, recycled PETE and recycled materials as those terms are defined in ORS 279A.010. The assessment must include: An evaluation of procurement practices under ORS …
279A.155 State procurement of paper
No less than 35 percent of state agency procurements of paper products may be from recycled paper products.
279A.157 State contracting agency use of contract form, contract template or solicitation template; exceptions and exemptions; rules
As used in this section: “Contract form” means a document with terms and conditions that the Attorney General and the Oregon Department of Administrative Services develop, approve and make available for state contracting agencies to use without alteration, except as provided in subparagraph (B) of this paragraph, as the terms and conditions of a public cont…
279A.159 Education and training or experience requirements for persons that conduct procurements or administer contracts for state contracting agencies; deadlines; rules
A person that conducts a procurement or administers a public contract for a state contracting agency shall complete a course of education and training or have professional experience that, at a minimum and in accordance with standards established under subsection (2) of this section, adequately prepares the person to: Develop specifications and develop or a…
279A.161 Review and verification of advice and recommendations concerning procurements; delegation
Before a state contracting agency executes a public contract with a contract price that exceeds $150,000, the director or other head of the state contracting agency shall review, and shall verify that the person that will administer the public contract for the state contracting agency has read and understands, all advice and recommendations that the Oregon D…
279A.165 Report concerning special procurements; requirement to maintain records
The Oregon Department of Administrative Services, before the beginning of each odd-numbered year regular legislative session, shall provide to an appropriate committee of the Legislative Assembly that considers questions related to public contracting a report that contains information about special procurements conducted under the provisions of ORS 279B.085 …
279A.167 Certification program for training in pay equity provisions of state law; rules
The Oregon Department of Administrative Services shall establish a program to certify that a person that intends to submit a bid or proposal for a public contract understands the prohibition set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payments. The program must include, but is not limited to, all o…
279A.180 Purchases through federal programs
Notwithstanding any other provision of the Public Contracting Code, a procurement may be made without competitive sealed bidding, competitive sealed proposals or other competition required under ORS 279B.050 to 279B.085 provided that: The procurement is made in accordance with rules adopted by the contracting agency for procurements under this section; and …
279A.185 Local contracting agency arrangements for use or disposition of personal property authorized
Notwithstanding the competitive procurement requirements of ORS chapters 279B and 279C, a local contracting agency may sell, transfer or dispose of personal property in accordance with rules adopted under ORS 279A.070. Notwithstanding the competitive procurement requirements of ORS chapters 279B and 279C, a local contracting agency may negotiate with one or…
279A.190 Transfers of fire protection equipment between fire departments
As used in this section: “Fire protection equipment” has the meaning given that term in ORS 476.005. “Public contract” includes a sale at no cost. “Regularly organized fire department” has the meaning given that term in ORS 652.050. Notwithstanding any other provision of the Public Contracting Code, transfers of fire protection equipment under public con…
279A.200 Definitions for ORS 279A.200 to 279A.225
As used in ORS 279A.200 to 279A.225: “Administering contracting agency” means a governmental body in this state or in another jurisdiction that solicits and establishes the original contract for the procurement of goods, services or public improvements in a cooperative procurement. “Cooperative procurement” means a procurement conducted on behalf of more t…
279A.205 Cooperative procurements authorized
A contracting agency may participate in, sponsor, conduct or administer a joint cooperative procurement for the procurement of any goods, services or public improvements. A contracting agency may participate in, sponsor, conduct or administer a permissive or interstate cooperative procurement for the procurement of any goods or services, but not public impr…
279A.210 Joint cooperative procurements
A joint cooperative procurement is valid only if: The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in ORS 279B.055, 279B.060 or 279B.085 or uses a competitive bidding process substantially …
279A.215 Permissive cooperative procurements
A contracting agency may establish a contract or price agreement through a permissive cooperative procurement only if: The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in ORS 279B.055 or 27…
279A.220 Interstate cooperative procurements
A contracting agency may establish a contract or price agreement through an interstate cooperative procurement only if: The administering contracting agency’s solicitation and award process for the original contract is an open and impartial competitive process and uses source selection methods substantially equivalent to those specified in ORS 279B.055 or 2…
279A.225 Protests and disputes
A protest regarding the procurement process, the contents of solicitation documents or the award or proposed award of an original contract may be directed only to the administering contracting agency. The protest must be in accordance with the provisions of ORS 279B.400 to 279B.425. A protest regarding the use of a cooperative procurement by a purchasing co…
279A.250 Definitions for ORS 279A.250 to 279A.290
As used in ORS 279A.250 to 279A.290, unless the context requires otherwise: “Donee” means an entity eligible to acquire federal donation property based upon federal regulations or eligible to acquire surplus property in accordance with rules adopted by the Oregon Department of Administrative Services. Entities eligible to acquire federal donation property m…
279A.255 Inspection, appraisal and inventory of state property; reports by state agencies
The Oregon Department of Administrative Services may: Provide for the periodic inspection and appraisal of state property; Provide for the maintenance of current and perpetual inventories of state property; and Require any state agency to make reports of the property in the agency’s custody at such intervals and in such form as the department deems necess…
279A.260 Powers and duties of department; acquisitions by qualified donees; rules
Subject to the power of the Governor to terminate the functions listed in this section, the Oregon Department of Administrative Services may: Accept surplus property; Distribute surplus property to donees; Provide suitable facilities for the storage and distribution of surplus property; Enter into reciprocal agreements and contracts with federal governme…
279A.265 Use of Oregon Department of Administrative Services Operating Fund; cash dividends
In addition to the other purposes for which the Oregon Department of Administrative Services Operating Fund established under ORS 283.076 may be used, the fund hereby is appropriated continuously for and may be used for the purposes of this section and ORS 279A.260. All claims approved by the Oregon Department of Administrative Services for the purposes of t…
279A.270 Contracts with federal government for accepting gifts and acquiring surplus property; bids not required
The Oregon Department of Administrative Services may enter into contracts with any federal government unit for the purpose of accepting gifts and for the acquisition of surplus property upon such terms and conditions as may be agreed upon, without regard to the provisions of law requiring the posting of notices or public advertising for bids or the solicitin…
279A.275 Leasing of state property
The Oregon Department of Administrative Services may lease any state property not needed for public use, provided the law does not prohibit the leasing and the authority to lease is not vested in any other state agency.
279A.280 Disposal of surplus property; costs of disposal
Without requiring competitive bidding: The Oregon Department of Administrative Services may sell or transfer surplus property to or transfer surplus property between donees. Donees may be given preference to acquire surplus property. Property acquired shall be used for public purpose or benefit and not for resale to a private purchaser. The department, or …
279A.285 Disposition of moneys received as payment for repair or replacement of damaged, destroyed, lost or stolen property
All moneys received from insurers and other sources as payment for the cost and expense of repair and replacement of property of state agencies that has been damaged, destroyed, lost or stolen, except the particular moneys as may not under federal law or regulations be deposited in the manner provided by this section, may be deposited in the State Treasury t…
279A.290 Miscellaneous receipts accounts
The State Treasurer may establish a miscellaneous receipts account for any state agency and shall credit to the account any amounts paid into the State Treasury under ORS 190.240 (1), 279A.280, 279A.285, 283.110 or 357.885 for the state agency for which the account was established. The moneys credited to the miscellaneous receipts account of a state agency e…
279A.800 Consideration of whether bidder or proposer owes liquidated and delinquent debt to state
In addition to making a determination concerning a bidder’s or proposer’s responsibility under ORS 279B.110 or 279C.375, a contracting agency as part of the contracting agency’s evaluation of a bid or proposal may consider at any time before executing a public contract with the bidder or proposer whether the bidder or proposer owes a liquidated and delinquen…
279A.803 Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021; exceptions
A public body that is carrying out a qualified project shall require each contractor in a contract with an estimated cost of $200,000 or greater to: Enter into a project labor agreement that, at a minimum, provides for payment of wages at or above the prevailing rate of wage; Employ apprentices to perform 15 percent of the work hours that workers in appren…
279A.990 Penalties
The provisions of ORS 291.990 apply to ORS 279A.140, 279A.280 and 279B.270. Any violation of ORS 279A.140, 279A.280 or 279B.270 shall be punished as described in ORS 291.990. Any contractor, subcontractor, agent or person in authority or in charge who violates any provision of ORS 279C.520 or 279C.540 as to hours of labor commits a Class A misdemeanor. Any…